HomeMy WebLinkAbout3-82 RESOLUTIONRESOLUTION NO. 5-42-
A RESOLUTION RENEWING THE FIRE PROTECTION AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE AND THE CITY OF
GREENLAND, AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A MODIFICATION OF SAID AGREEMENT TO EXTEND'
THE TERM THEREOF.
WHEREAS, the City of Fayetteville and the City of Greenland
have entered into a fire protection agreement dated August 20,
1981, a copy of which is attached hereto, marked Exhibit A,
and made a part hereof; and
WHEREAS, the City of Greenland desires to renew said
agreement with certain modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the fire protection agreement dated
August 20, 1981,'between the City of Fayetteville and the
City of Greenland is hereby renewed, as modified by the
agreement hereinafter authorized.
Section 2. That the Mayor and City Clerk are hereby
authorized and directed to execute a modification of the
aforesaid fire protection agreement to authorize'quarterly
renewal periods during 1982. A copy of the modification
authorized hereby is attached hereto, marked Exhibit B, and
made a part hereof.
PASSED AND APPROVED this 5+Pday of 1982.
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1, `
;9a r' •e",
V`' ATTEST: Jr ,
ryi y.
•
ITY LERK
APPROVED:
MAYORfach,
1
MODIFICATION OF CONTRACT
This agreement made this , day of
1982, by and between City of Fayetteville, Arkansas,
herein-
after called "FAYETTEVILLE" and the City of Greenland,
hereinafter called "GREENLAND".
WHEREAS, the parties hereto have entered into a fire
protection contract dated August 20, 1981, a copy of which
is attached hereto, marked Exhibit "A" and made a part
hereof; and
WHEREAS, the parties desire to renew and modify said
contract.
NOW, THEREFORE, the parties mutually agree as follows:
1. The aforesaid contract is hereby extended for a
term of one year beginning January 1, 1982; provided, Greenland
may terminate said contract at the end of any quarter (March 31,
June 30, or September 30) prior to the expiration date
hereof (December 31, 1982) by giving Fayetteville fifteen
days advance written notice of termination. Said notice -
shall be sent to:
Fayetteville City Manager
Post Office Drawer F
Fayetteville, Arkansas 72701
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2. Paragraph 3 of said contract is modified to read as
follows:
In consideration of Fayetteville providing standby fire
protection to Greenland and combating fires which occur
in Greenland during the term of this contract, Greenland
shall pay Fayetteville an annual sum determined by the
following formula:
�IPG x 3/ ( +VG x 2 + AG Fayetteville Greenland
PF VF ) AF Fire DepartmentFire
6 Budget J Cee
P = Population
V = Assessed value (improvements on land and personalty)
A = Area
G = Greenland
F = Fayetteville (Budget adjusted to actual after audit)
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If.
One-fourth (1/2) of the annual fee payable hereunder
shall be paid to Fayetteville by Greenland on or before
the first day of each quarter (January 1, March 31,
June 30, and September 30) during the term of this
contract. In the event Greenland terminates this
contract at the end of any quarter prior to the expiration
date hereof, Greenland shall not be liable for any
additional quarterly payments of the annual fee provided
herein. The quarterly fee due January 1, 1982, is
$4,640.00.
3. All provisions of the contract are incorporated
herein and are hereby modified to conform herewith but in
all other respects are to be and shall continue in full
force.
IN WITNESS WHEREOF, the parties have executed this
Modification of Contract on the day and year first above
written.
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ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS
By ga
MAYOR
CITY OF GREENLAND, ARKANSAS
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CONTRACT
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THIS CONTRACT executed this,_iii7-- dayof
_,�_ .,iS�_
0
1981, by and between the City of Fayetteville, Arkansas,
hereinafter called "Fayetteville", and the City of Greenland,
Arkansas, hereinafter celled "Greenland.".
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WHEREAS, Fayetteville mans and equips an organized
fire department; and
WHEREAS, Greenland does not have an organized fire
department; and
WHEREAS, Greenland desires to contract with Fayetteville
for the Fayetteville Fire Department to combat fires which may
occur in Greenland; and
WHEREAS, the purpose of this agreement is to set forth
the terms and conditions under which the Fayetteville Fire
Department will combat fires in Greenland.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties hereby agree as follows:
1. The Fayetteville Fire Department shall provide
standby fire protection to the City of Greenland and shall combat
fires occurring in Greenland from the effective date of this
contract to subject to the conditions set out herein.
2. During the term of this contract the Fayetteville
Fire Department shall provide fire fighting machinery and
equipment, with the necessary firemen to operate the same, to
combat fires occurring in Greenland; provided, Fayetteville shall
have the right to limit its response to any fire located in
Greenland if the Fayetteville City Manager or the Fayetteville
Fire Chief determines that such a response will substantially
impair the ability of the Fayetteville Fire Department to combat
a fire or fires occurring in Fayetteville.
3. Greenland shall pay Fayetteville a sum annually
which sum shall be determined by the formula;
SIG x , +(N x 21+ AG Fayetteville "l' J Al'
-Greenland
6 FigeDepartment = F
P = Population
Assessed value (improvements on land and personalty)
Arca
Greenland
F = Fayetteville (Budget adjusted to actual after audit)
The Fee shall be paid on January 1st, the first day of the
contract year, in consideration of Fayetteville providing standby
fire protection to Greenland and combating fires which occur in
Greenland during the term of the contract. The annual fee for
1981, is $18,561.79. The fee for the part year covered by this
contract is $
V =
A=
G =
6,814
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4. This contract shall become effective on the date of
its signing by representatives of both cities.
5. Neither the City of Fayetteville nor any
Fayetteville official or Fayetteville Fire Department official or
employee involved -in combating a fire in Greenland shall be
liable for any damages or Loss that occurs when the Fayetteville
Fire Department is combating a fire located within Greenland.
6. All members of the Fayetteville Fire Department
engaged in fighting a fire located in Greenland shall be con-
sidered to be acting within their line of duty and in discharge
thereof and shall not lose or forfeit any right or benefit in
rank, pay, disability or retirement payments or benefits.
7. There shall be attached hereto a certified copy of
the Resolution adopted by the governing bodies of Fayetteville
and Greenland authorizing the execution ofthis contract.
8. Any modification of this Contract mustbe in writing
and authorized by the governing bodies of Fayetteville and
Greenland.
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9. Prior to its expiration. date, this contract may be
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renewed from year to year by resolution of the governing bodies
of both -cities and execution of an agreement to extend or renew
the contract.
IN {WITNESS 1WIIEREOF this Contract has been executed on
the date first above written.
ATTEST:
City Clerk
City Clerk
-3-
CITY OF,IAYETTEVILLE, ARKANSAS
By:
Ma or
CITY OF GREENLAND, ARKANSAS
By: *A41 -cy
Mayo r